Camden County P&Z hears two rezonings in Horseshoe Bend

Wednesday

Sep 27, 2017 at 6:00 AM

Another rezoning in Horseshoe Bend also saw some opposition. Madden Manufacturing is seeking to rezone 1.73 acres adjacent to its current site from low density residential to industrial after a planned expansion spilled outside its industrial zoning area.

Amy WilsonAWilson@westsidestar.net

The Camden County Planning Commission opened hearings on multiple cases of interest during its Sept. 20 meeting, including two rezonings for commercial and industrial expansions in Horseshoe Bend and a subdivision change to allow a “toy barn” development near Camdenton.

Li'l Rizzo's

After years using a property at 2146 Horseshoe Bend Parkway next to Li’l Rizzo’s on Horseshoe Bend as a commercial parking lot for the restaurant, Bill Borders is seeking to have the parcel rezoned from single family residential (R-1) to general commercial (B-2). According to Borders, the property has been a paved parking lot since the mid-90s.

Despite his statements that the lot pre-dated zoning in Camden County, Borders did not apply for a no-fee rezoning with the the Camden County Commission, according to P&Z Administrator Kim Willey.

The county commission does have a policy allowing property owners to get a free rezoning case if it is believed the property received the wrong zoning by mistake at the time of implementation in 2004, with owners able among other things to prove that the non-conforming land use pre-existed zoning.

According to the P&Z Staff Report on the rezoning application, Borders is considering a “drive-up restaurant facility” or operation of a food truck from the property.

As a pre-existing non-conforming use, the parking lot is grandfathered in, but any other commercial use requires a rezoning to the matching zoning.

Borders did not get into specifics of his plans, just said that he was considering a higher commercial use of the parcel than it currently had.

While one resident spoke in favor of the rezoning, speaking to enjoyment of Li’l Rizzo’s, planning commissioner John Mackey voiced opposition as a resident and representative of the adjacent Black Hawk Estates subdivision. Mackey sits on the subdivision board.

Beginning to speak from the bench, planning commission chair Jacob Neusche had Mackey come to the microphone in front of the commission to testify as other citizens and applicants had to do.

According to Mackey, the subdivision was concerned about the parking situation for Li’l Rizzo’s if the parking lot went away, storm water runoff and with what might be developed on the property in the future if general commercial zoning was approved.

A new owner could erect a structure that would greatly reduce property values, said Mackey. Horseshoe Bend, he added, is largely for residential use, not businesses.

There was also concern about a sharp curve in the roadway nearby, and the potential for increased danger with more traffic to the business. Noise concerns were also raised.

Mackey also read a letter from Dale Butler of Black Hawk Estates who was opposed to the rezoning.

Borders tried to assuage the concerns of Black Hawk Estates that there would be a thick wooded area acting as a buffer between the property in question and the nearby residences.

Borders also said he would be able to add more parking in the other parking lot at Li’l Rizzo’s to make sure there weren’t any issues if this satellite lot went away.

According to the staff report, the property meets the minimum lot size require for general commercial zoning. It is approximately 27,387 square feet and the minimum is 20,000.

The property has been assessed as commercial dating back to at least 2011, as far back as records were “readily available,” according to the staff report.

With opposition, the case was moved to old business to await a decision likely at the next planning commission meeting in October. The planning commission will make a recommendation for or against the application, as an advisement to the Camden County Commission which makes the final decision in zoning cases.

Madden Rezoning

Another rezoning in Horseshoe Bend also saw some opposition. Madden Manufacturing is seeking to rezone 1.73 acres adjacent to its current site from low density residential to industrial after a planned expansion spilled outside its industrial zoning area.

While owners Mike and Mary Anne Madden have 42 acres at this location, only 3.19 acres of the tract are currently zoned industrial. The county approved 3.19 acres for industrial use in November 2015. The applicant never recorded the 3.19 acre parcel plat, leaving the 42-acre parcel as one tract.

The facility manufactures handrails and railings, screen enclosures and roof systems and grown into the national market. Madden products can be found at multiple national retailers under different names.

The Lake Ozark area facility on Dogwood Road opened in 1997, but has expanded to have locations on both sides of the roadway in Horseshoe Bend.

Since 2007, Madden representative Dan Hall said they have seen double digit growth necessitating the expansion.

According to the P&Z Staff Report, a 20,000-square-foot warehouse was constructed after the 2015 rezoning and construction of other accessory structures is underway. A partially completed building was found to be located outside the footprint of the industrial zoned portion of the tract.

The rezoning would encompass this building and bump up the total industrial area to 4.89 acres.

Hall explained that the site has been hindered by congestion from semis maneuvering within the 3.15 acres, and that this addition will help the company alleviate that issue.

If approved, the company would be able to virtually eliminate trucks at their facility across the road where there’s no turnaround, causing backup on the roadway during deliveries, and move that part of the business all to the location at 380 Dogwood.

Residents in the vicinity of the property were less supportive of this rezoning than they were the one in 2015. Construction has been ongoing over the last couple of years, apparently causing some issues.

Trish and David Munsen as well as a few others expressed concern about light and noise pollution, traffic and property values as well as fumes and potential danger from the site’s paint facility.

There was also concern that the building had been partially constructed outside of permitting requirements.

According to commission chair Neusche, he and representatives from Madden had “had a good talk” about no building in the future without permits.

According to P&Z Administrator Willey, this is “another situation” in which a property owner/manager got a permit from the Lake Ozark Fire Protection District and weren’t informed that they also needed to get a county building permit.

According to Hall, they doing their best to be “good neighbors” and are committing to as small a footprint for the industrial site as possible with a large buffer area. They are also working to keep noise and light issues to a minimum.

It should be noted that this is a mixed use area with single family residences, a condominium complex and businesses, including a marina, nearby.

With opposition, the case was moved to old business for a likely decision at the October meeting. The planning commission will make a recommendation for or against the application, as an advisement to the Camden County Commission which makes the final decision in zoning cases.

'Toy Barns'

An amendment to a planned unit development in Lakeside at Cross Creek subdivision was approved by the planning commission after a couple withdrew their opposition to the PUD change.

According to the P&Z Staff Report, applicant Rowland Bernal is seeking to develop 21 single family lots within the subdivision as accessory use lots for “toy barns.”

“Toy barns” are large garages for multiple vehicles.

The planning commission denied a past PUD amendment by another developer for toys barns, but Bernal has made additional concessions to make the development more palatable to the subdivision and neighboring subdivisions. The properties in question are located off of Point Happy Road, Camdenton.

Bernal is proposed restrictions that included limiting the toy barns to only be for people in those nearby subdivisions, quiet hours and paving the roads within the development.

Adjacent property owners William and Beth Finke expressed concern about being right next to such a development, though the homeowners association had supported the proposal. After hearing from Bernal about his plans at the hearing, the Finkes withdrew their opposition.

The planning commission moved the case to old business and approved the amendment.

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